Sexual Misconduct

Greensboro College, in accordance with federal Title IX regulations, does not discriminate on the basis of sex or gender in its programs and activities. Members of the Greensboro College community have the right to be free from gender-based discrimination, sexual harassment, and sexual misconduct of any kind. Greensboro College is committed to providing a safe and welcoming campus environment, and in order to uphold that commitment and to meet federal regulations including Title IX of the Education Amendments of 1972, the Violence Against Women Reauthorization Act of 2013, and Title IV of the Civil Rights Act of 1964, Greensboro College has adopted the following Sexual Misconduct Policy.

If you have experienced or witnessed sexual misconduct, you are urged to seek help immediately. A list of on- and off-campus resources is provided here to assist you. You are also encouraged to report the incident to the college by completing the Incident Report Form or by contacting the Title IX Coordinator:

Emily Scott
Title IX Coordinator
Greensboro College
231 Main Building
336-272-7102, ext. 5496titleix@greensboro.edu

To report an incident anonymously, please dial 336-217-7259. Your recorded message will be forwarded to the Title IX coordinator for review.

Or you may contact the Campus Conduct Hotline at 866-943-5787.

Campus Conduct Hotline offers an easy, comfortable way to report activity or behavior you may observe or experience on campus that is harmful, unethical, questionable, or causes you or someone
else personal injury. You should call the Campus Conduct Hotline if you experience or observe any of the following:

Sexual harassment/assault

Fraud or crime

Discrimination

Bullying

Hazing

Safety or facility risk issues

Security and Internet policy abuses

Code of Conduct violations

Workplace hostility

Illegal or unethical business practices

Any other questionable behavior

Title IX Information

Title IX and the Greensboro College Sexual Misconduct Policy

Title IX of the Education Amendments of 1972 states that “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” The Department of Education’s Office of Civil Rights and the US Department of Justice Civil Rights Division ensure that educational institutions receiving federal funds are in compliance with Title IX. They evaluate, investigate, and receive complaints regarding sexual discrimination. In addition, they provide information and guidance to educational institutions like Greensboro College which helps shape what has to be included in a sexual misconduct policy.

Under Title IX, schools must designate at least one employee who is responsible for coordinating the school’s compliance with Title IX. This person is known as the Title IX Coordinator. The Title IX Coordinator oversees the school’s response to reports of sexual misconduct, including all investigation and resolution of sexual misconduct covered by the sexual misconduct policy, and identifies and addresses any patterns or systemic problems revealed by such reports. The Title IX Coordinator at Greensboro College is:

VAWA & Clery Act

In March 2013, President Obama signed into law the Violence Against Women Reauthorization Act (VAWA) of 2013. The VAWA includes the Campus Sexual Violence Elimination Act, also known as the Campus SaVE Act, which applies to all colleges and universities receiving federal student aid. The Campus SaVE Act amends the federal Clery Act and requires greater transparency regarding incidents of sexual violence, dating violence, domestic violence, and stalking on college campuses in annual crime statistic reports. The Campus SaVE Act also guarantees victims enhanced rights, sets standards for disciplinary proceedings, and requires campus-wide prevention education programs. The Campus SaVE Act is seen as a companion to Title IX.

The Clery Act requires institutions of higher education to comply with certain campus safety- and security-related requirements as a condition of their participation in the title IV, HEA programs. The links below provide additional information regarding VAWA and the Clery Act.

What Parents Need to Know

At Greensboro College, we do not discriminate on the basis of sex or gender, and we are committed to providing an environment that is free from discrimination or harassment. As such, we want to be sure that we are addressing all areas of our students’ health and safety in order to provide a welcoming campus environment for everyone.

To address your student’s safety more effectively, we have implemented a comprehensive online sexual assault and harassment prevention program called Haven – Understanding Sexual Assault. Every incoming student is required to complete the Haven program, which will be available starting July 1, 2016, and must be completed before being allowed to check-in in August. In addition to completing this online program prior to check-in, incoming students will be expected to attend a face-to-face training session on campus called Pride R.O.A.R. Pride R.O.A.R. is focused primarily on bystander intervention as a means of preventing sexual violence before it occurs. It also includes information on Greensboro College’s sexual misconduct policy and tips to stay safe.

At GC we take incidents of sexual misconduct very seriously and strive to handle all accusations of sexual misconduct in a timely and equitable manner. Since the College’s primary relationship is with the student(s) involved in such cases, parents will only be informed of an incident of sexual misconduct if their child has signed a release form granting the College permission to release information or if there is a concern for the student’s safety. Greensboro College’s primary relationship is with the student(s) involved and not the parents.

All College proceedings are conducted in compliance with the requirements of the Family Educational Rights and Privacy Act (FERPA), the Clery Act, Title IX, Violence Against Women Act (VAWA), state and local law, and college policy. No information shall be released from such proceedings except as required or permitted by law and college policy.

What Is Sexual Misconduct?

Sexual misconduct is defined as any act of a sexual nature perpetrated against an individual without consent or when an individual is unable to freely give consent. Consent must be informed, voluntary, and mutual, and can be withdrawn at any time. Someone who is incapacitated cannot give consent.

Types of Sexual Misconduct

Sexual Harassment: Unwelcome conduct of a sexual nature, including but not limited to, unwelcome sexual advances; requests for sexual favors; or other verbal or nonverbal conduct of a sexual nature.

Sexual Assault: Actual or attempted sexual contact with another person without that person’s consent. This may involve force or coercion. Sexual assault includes, but is not limited to, intentional touching of another person’s intimate parts (i.e. breasts, penis, vagina) without that person’s consent; Rape, which is penetration, however slight, of (1) the vagina or anus of a person by any body part of another person or by an object, or (2) the mouth of a person by a sex organ of another person, without that person’s consent; or other intentional sexual contact with another person without that person’s consent.

Sexual Intimidation: Threatening to commit a sexual act upon another person; acts of intimidation, bullying, aggression, or hostility based on gender or gender-stereotypes, even if the acts do not involve conduct of a sexual nature; or engaging in indecent exposure.

Sexual Exploitation: Taking sexual advantage of another person for the benefit of anyone other than that person without that person’s consent. Examples include:

Distributing images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to such disclosure and objects to such disclosure; and

Viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s consent, and for the purpose of arousing or gratifying sexual desire.

Dating or Domestic Violence: Physical or sexual violence or threats of violence by a current or former dating, domestic, or intimate partner.

Stalking or Cyberstalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (1) fear for their safety or the safety of others and (2) suffer substantial emotional distress.

What Is Consent?

Consent is informed, voluntary, and mutual, and can be withdrawn at any time. There is no consent when there is force, expressed or implied, or when coercion, intimidation, threats, or duress is used. Silence or absence of resistance does not imply consent. Past consent to sexual activity with another person does not imply ongoing future consent with hat person or consent to that same sexual activity with another person.

If a person is mentally or physically incapacitated or impaired and cannot understand the fact, nature, or extent of the sexual situation, there is no consent; this includes impairment or incapacitation due to alcohol or drug consumption or being asleep or unconscious. Under State law in North Carolina, 16 is the minimum age of consent for sexual contact. Whenever there is doubt or uncertainty, it is advisable to assume consent as defined above cannot be given.

Confidentiality

There are several ways for an individual to report an incident of sexual misconduct with varying levels of confidentiality.

Confidential Reporting

Licensed counselors, pastoral counselors, and healthcare providers are not required to report any information about an incident of sexual misconduct to the College. If an individual would like for an incident to be kept confidential, they should speak with the on-campus counselor, clergy, or campus health services, or off‐campus rape crisis support services. Seeking assistance and support from these individuals will not trigger a college investigation. These individuals are available at any point in the process and can provide both initial and ongoing support as needed.

A Complainant who speaks confidentially to one of these resources and does not wish to make a formal complaint with the College must understand that the College will be unable to conduct an investigation or pursue disciplinary action against the alleged perpetrator.

Non-Confidential Reporting

All Greensboro College employees, other than those designated as confidential resources, are considered “responsible employees and therefore cannot keep complete confidentiality. When a report of sexual misconduct is made to a responsible employee, that employee is required to report the matter to the Title IX Coordinator. These reports will include all relevant details that are known about the alleged sexual misconduct including the names of the persons involved, any witnesses, and any other relevant facts such as the date, time, and location of the alleged incident. Responsible employees at the College include faculty, staff, and student workers—such as Resident Advisors, Residence Hall Directors, coaches, trainers, advisors, student development personnel, and many others. Responsible employees who neglect their obligation to report may put the campus community at risk and may be subject to disciplinary measures. Responsible employees should report incidents to the Title IX Coordinator via phone or email within 24 hours of learning of the incident and should make every effort to maintain individual privacy without neglecting their duty to report. The responsible employee does not need to determine if, in fact, a violation of the policy occurred in order to make a report.

Greensboro College also provides an anonymous reporting number that accepts messages. That number is 336-217-7259. Reports made to this phone line will be submitted to the Title IX Coordinator for review.

Retaliation

Retaliation is prohibited under the Greensboro College Sexual Misconduct Policy. Retaliation includes verbal, written, electronic, or physical threats or acts of intimidation, coercion, or discrimination against any individual who raises an allegation of sexual misconduct, cooperates in an investigation, or opposes discriminatory practices. Retaliation is also prohibited under Title IX and could create a hostile educational environment.

Training & Education

It is the policy of the College to provide educational training and prevention programs regarding sexual misconduct. Educational training includes definitions related to consent, sexual assault, sexual harassment, dating/domestic violence, and other relevant terms, in addition to the rights and responsibilities of those impacted by such events. Prevention programs are focused primarily on bystander intervention as a means of preventing sexual violence before it occurs, as well as educating individuals on ways to stay safe. Students and employees are also given information specific to reporting and the expectations set forth in Greensboro College’s Sexual Misconduct Policy regarding what the institution considers inappropriate behavior; however, it is still up to each individual to be familiar with this policy and to abide by the standards of behavior established in it. As such, ignorance of this policy will not be an acceptable excuse for violations of the policy.

Sexual misconduct training is required for all incoming students and all incoming employees of the college. The first phase of training for students involves an online training program called Haven – Understanding Sexual Assault that must be completed prior to check-in. The second phase of training for students involves an in-person, bystander intervention focused training called Pride R.O.A.R. that is given upon arrival during new-student orientation. New employees will be notified of the training by Human Resources as part of the hiring process and are expected to complete an online training program before they begin employment. Ongoing training and prevention programs are also provided on a regular basis for students and employees of the College through various events, programs, and awareness campaigns. All college personnel who are involved in responding to incidents or who may assist the Title IX Coordinator in processing, investigating, or adjudicating reports of sexual misconduct must receive additional training about issues related to sexual violence.

Students and employees of the college will be getting additional information regarding training over the summer. Please be on the lookout for mail and emails from the college regarding training and if there are any questions, feel free to contact Emily Scott at titleix@greensboro.edu or 336-272-7102 ext. 5496

Frequently Asked Questions

Q. What is sexual misconduct?

A. Sexual misconduct is defined as any act of a sexual nature perpetrated against an individual without effective consent or when an individual is unable to freely give consent. The College broadly defines sexual misconduct to include: sexual harassment, sexual assault, sexual intimidation, sexual exploitation, domestic violence, dating violence, stalking or cyberstalking.

Q. How do I report sexual misconduct?

A. Contact the Title IX Coordinator, Emily Scott, located at 231 Main Building, 336-272-7102 ext. 5496, or titleix@greensboro.edu or complete and turn in a Greensboro College Sexual Misconduct Report Form. Messages regarding incidents of potential sexual misconduct may also be left at (336) 217-7259. The College’s ability to respond or take further action may be impacted by what information is available about the incident or the individuals involved.

Q. What happens with the information provided?

A. The Title IX Coordinator will follow-up with the Complainant to determine a) if the incident is potentially a policy violation and b) the Complainant’s preference for resolution. The Title IX Coordinator will coordinate with other administrators as necessary to determine the appropriate response.

Q. Who is required to report sexual misconduct?

A. All Greensboro College employees, other than those who are designated as confidential resources, are considered “responsible employees.” Responsible employees have a duty to report incidents of sexual misconduct to the Title IX Coordinator.

Q. Does the report remain confidential?

A. If you want the report to remain confidential, you should speak with a confidential resource, including campus counseling services, health services, or the campus chaplain. Confidential resources are not required to report any information about an incident of sexual misconduct to the Title IX Coordinator without a Complainant’s permission. All other college employees are required to report an incident of sexual misconduct to the Title IX Coordinator.

Q. What if a Complainant requests confidentiality?

A. Even if a Complainant requests confidentiality or is unwilling to proceed with a complaint, Greensboro College employees, except those with confidentiality as described above, are required to report the incident to the Title IX Coordinator. All reasonable efforts will be made to preserve the Complainant’s rights and privacy.

Q. Will a student’s parents be told?

A. No. Not unless the student tells them or unless the College is concerned for the student’s safety. Greensboro College’s primary relationship is with the student(s) involved and not the parents.

Q. Will the Complainant have to confront the Respondent?

A. No. All investigative interviews will be conducted separately. If there is an appeal hearing, all parties may be present but are not allowed to question each other directly.

Q. Does a student or employee have to name the Respondent?

A. Yes, if a Complainant wishes to file a formal complaint so that an investigation can take place and disciplinary action can be taken as appropriate.

Q. Are Complainants or those filing a report protected against retaliation?

A. Yes. Retaliation against anyone who raises an allegation of sexual misconduct or cooperates in an investigation is strictly prohibited under GC’s Sexual Misconduct Policy.

Q. Will a student be sanctioned for alcohol or drug violations when reporting incidents of sexual misconduct?

A. No. The College seeks to remove any barriers to reporting and will generally offer limited amnesty for drug and alcohol violations when reporting sexual misconduct.

Q. What resources are available to Complainants?

A. The College will work to provide interim protective measures to ensure the Complainant’s safety and wellbeing. Interim protective measures are described within the sexual misconduct policy (section V. A. 5) and resources are provided in appendix A of that policy.

How to Help: Bystander Intervention

A bystander is an individual who witnesses an incident of potential sexual misconduct but does not participate. Bystanders are encouraged to act by either intervening at the time of the incident or by contacting campus safety or the police to intervene. Bystanders are also encouraged to make a report regarding the incident to a responsible employee of the College or the Title IX Coordinator.

Greensboro College’s prevention programs are focused primarily on bystander intervention as a means of preventing sexual violence before it occurs. Our bystander intervention program is called Pride R.O.A.R.

R – Recognize potential sexual misconduct

O – Obtain information to determine if/how to act

A – Act; intervene safely

R – Report the incident to a campus authority

OTHER TIPS for bystander intervention:

Approach the situation in a calm, friendly manner

Avoid violence and do not be antagonistic

If possible, develop a plan before intervening

Enlist help and support from friends and other bystanders

Be prepared for a negative response so that you can remain calm

Be aware of your own alcohol and drug consumption so that you can act appropriately

Never put yourself in danger – call the police or campus security if necessary

Additional resources regarding bystander intervention can be found at the following links:

Information for College Employees

On May 1, 2015, the Greensboro College Board of Trustees voted to adopt a new sexual misconduct policy effective upon adoption. The policy brings the college into compliance with recently updated requirements of Title IX of the Education Amendment of 1972 and the Campus SaVE Act (part of the Violence Against Woman Act), which are intended to reduce or eliminate barriers to educational opportunity and provide a safe campus environment for our students.

All employees are required to complete a mandatory online training module called Haven for Employees and a face-to-face training regarding the new sexual misconduct policy.

All Greensboro College employees, other than those designated as confidential resources, are considered “responsible employees.” When a report of sexual misconduct is made to a responsible employee, that employee is required to report the matter to the Title IX Coordinator. These reports will include all relevant details that are known about the alleged sexual misconduct including the names of the persons involved, any witnesses, and any other relevant facts such as the date, time, and location of the alleged incident. Responsible employees at the College include faculty, staff, and student workers—such as Resident Advisors, Residence Hall Directors, coaches, trainers, advisors, student development personnel, and many others. Responsible employees who neglect their obligation to report may put the campus community at risk and may be subject to disciplinary measures. Responsible employees should report incidents to the Title IX Coordinator via phone or email, or using the sexual misconduct report form, within 24 hours of learning of the incident and should make every effort to maintain individual privacy without neglecting their duty to report. The responsible employee does not need to determine if, in fact, a violation of the policy occurred in order to make a report.

Download the Responsible Employee’s checklist for assistance in responding to students who make a report. It may be useful for employees or anyone in the college community responding to an incident of sexual misconduct.